VII. Body responsible for promoting and monitoring the implementation of the recommendations

The CEH believes it vital that these recommendations be fulfilled so that the mandate entrusted to the CEH within the framework of the peace process achieves its objectives. To accomplish this, the joint participation of the State and civil society is needed, as every Guatemalan without distinction should benefit from the recommendations.

Therefore, the CEH recommends the establishment of a follow-up body in which both State and civil society are represented, to aid, promote and monitor the implementation of the recommendations. Consolidation of the peace and reconciliation process in Guatemala requires that the State and civil society work together to achieve their common objectives.

Although the monitoring and implementation of the recommendations regarding the consolidation of peace and reconciliation falls to Guatemala, continuing support from the international community will be necessary.

On this basis, the CEH considers it necessary and, therefore, recommends:

84. That the Congress of the Republic, through the initiative of its Commission on Human Rights, approve, no more than 60 days from the publication of the CEH’s Report and through the corresponding legislative measure, the establishment of a body responsible for implementing and monitoring the recommendations of the CEH under the name of “Foundation for Peace and Harmony” (hereinafter, “the Foundation”), whose mandate, composition, appointment procedure, constitution, installation, period of operation, human and material resources and financing are outlined below.

Mandate

The Foundation’s principal objective will be to facilitate the implementation of the recommendations made by the CEH, regarding the five principal areas of activity covered by the mandate:

a) Direct implementation of specific recommendations;

b) Backing and assistance in the implementation of the recommendations;

c) Monitoring the adequate implementation of the recommendations;

d) Promotion of and support for historical research;

e) Assistance in seeking funds to finance projects for the implementation of the recommendations.

Composition

The Foundation shall be composed of seven members who will be appointed for a period to be determined by the corresponding legal resolution. Their distribution shall be as follows:

• Two persons appointed by the Congress of the Republic, who shall be of different political affiliations.
• One person appointed by the Government.
• An independent person, of recognised democratic trajectory and commitment to the peace process.
• Two representatives from Guatemalan non-governmental organisations for human rights and victims.
• One representative from the Guatemalan Mayan organisations.

The appointment by the relevant institutions shall be made no later than two months from the date of the congressional resolution.

Appointment procedure

The Congress of the Republic and the Government respectively shall appoint the relevant persons. It is suggested that the person appointed by the Government should be the Secretary of the Peace.

The independent person of recognised democratic trajectory and commitment to the peace process shall be appointed by the Secretary-General of the United Nations, by the procedure he deems most appropriate.

The representatives of the non-governmental organisations for human rights and the Mayan organisations shall be chosen by the organisations of each sector through an election process, to be convened and facilitated by the independent person appointed by the Secretary-General of the United Nations.

Constitution

The Foundation shall hold its constitutive meeting as soon as the members have been appointed.

Installation

The Foundation shall be fully installed and operational, at the latest, five months after having been initially integrated and constituted.

Period of operation

The Foundation shall have an initial operational period of three years from the date of its installation, which can be extended by Congress in view of advances made in the implementation of the recommendations.

Human resources:

The personnel shall be essentially Guatemalan, looking for qualified persons who have experience in the field of the investigation and defence of human rights.

Material resources:

The CEH has left instructions with UNOPS enabling the latter, in consultation with the donors to the CEH and on viewing the Foundation’s draft budget and plan of operation, to determine the material resources and the computing and communications assets of the CEH to be transferred by UNOPS to the Foundation, by the way of a CEH donation.

National and international support

It is suggested that the Foundation seek both the national and international support necessary to achieve the aforementioned objectives.